Kinematograph year book (1944)

Digest of Acts. 141 Before appointing a person to be a representative member of the said Council, the Board of Trade shall consult such bodies, if any, as appear to the Board to be representative of the interest concerned. The Board of Trade shall not appoint to be a member of the said Council any person who has been convicted of an offence under the Act of 1927 or this Act. (3) The functions of the said Council shall be — (a) to keep under review the progress of the cinematograph film industry in Great Britain, with particular reference to the development of that branch of the said industry which is engaged in the making of films, and to report thereon to the Board of Trade at such times as the Council thinks fit, (b) to advise the Board in any matter relating to the cinematograph film industry in which the advice of the Council is sought by the Board (whether at the request of any persons appearing to the Board to have a substantial interest in the matter or otherwise), and (c) to make to the Board, as soon as may be after the end of the year beginning at the com mencement of this Act and each subsequent year, a report of the proceedings of the Council during that year. (4) As soon as may be after receiving any report made to them under paragraph (c) of the last peceding subsection, the Board of Trade shall lay copies of the report before Parliament. (5) The Board of Trade shall furnish to the said Council such information as the Council may reasonably require for the proper discharge of its functions. (6) The quorum of the said Council shall be such number, not being less than ten, as the Board of Trade may determine ; and the Council shall have power to regulate its own procedure, and may act notwithstanding a vacancy among the members thereof. (7) A member of the said Council shall hold and vacate office in accordance with the terms of the instrument under which he is appointed, and a member of the Council who ceases to hold office shall be elegible for re-appointment ; but no person shall, on any occasion, be appointed to be a member the Council for more than three years : Provided that, if any member of the said Council is convicted of an offence under the Act of 1927 or this Act, his office as a member of the Council shall forthwith become vacant. (8) The said Council may, subject to any such limitations and conditions as it thinks proper delegate any of its functions to a committee of the Council consisting of such members of the Council a9 it may determine. (42). — Institution of proceedings, and service of process. (1) Proceedings for an offence under this Act shall not, in England, be instituted otherwise than by the Board of Trade. (2) Any process to be served on any person for the purposes of this Act shall, if that person is out of Great Britain but has a place of business in Great Britain, be deemed to be duly served if it addressed to that person and left at, or sent by post to, that place of business. (43) . — Exercise of powers of Board of Trade. Anything required or authorised by or under this Act to be done by, to or before the Board of trade, may be done by, to or before the President of the Board, any secretary, under-secretary or assistant-secretary of the Board, or any person authorised in that behalf by the President. (44) . — Interpretation. (1) In this Act, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say : — ■' the Act of 1927 " means the Cinematograph Films Act, 1927 ; "the Cinematograph Films Council" means the Cinematograph Films Council constituted under this Part of this Act ; "exhibitor" means a person carrying on the business of exhibiting cinematograph films to the public ; "exhibitor's licence" means, in relation to any person, a licence under Part 1 of this Act authorising him to carry on business as an exhibitor ; "exhibitors' quota year" means the year beginning with the first day of October nineteen hundred and thirty-eight or any of the nine succeeding years ; "foreign country" means a country or territory which for the time being does not form part of His Majesty's dominions ; " labour costs,"in relation to a film, means the total amount of the paymentspaidor payable by the maker of the film in respect of the labour or services of persons directy engaged in the making of the film, in so far as those payments are attributable to the making of that film, but does not include payments in respect of copyright ; and for the purposes of this definition— (a) the author of the scenario of a film shall be deemed to be a person directly engaged in the making of the film, and (6) a person shall not be taken to be directly engaged in the making of a film by reason only —